Category: chambers articles

COVID-19 impact on the UK Economy & ADR – 33 Bedford Row

Posted April 16th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’

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33 Bedford Row, 6th April 2020

Source: www.33bedfordrow.co.uk

WM Morrison Supermarkets plc v Various Claimants – Supreme Court clarifies the test for vicarious liability – 12 King’s Bench Walk

Posted April 16th, 2020 in appeals, chambers articles, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’

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12 King's Bench Walk, 2nd April 2020

Source: www.12kbw.co.uk

Courting peril: the lessons in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd – Falcon Chambers

Posted April 16th, 2020 in chambers articles, contracts, dispute resolution, news by sally

‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

COVID-19: a protocol to assist solicitors who are working remotely and advising suspects in relation to police interviews – Garden Court Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, legal services, news, police, solicitors by sally

‘This document is intended to draw your attention to the serious risk to life that solicitors and suspects, in police stations, are facing during the COVID-19 crisis and to suggest ways to reduce them. It is not intended to be a definitive statement of what needs to be done. You may have other ideas which are equally or more valid. What is certain is that action needs to be taken if lives are to be saved. The protocol below is intended to assist solicitors to give appropriate legal advice to suspects, at the interview stage, when working remotely.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Carluccio’s Limited (in administration): Administration and furlough arrangements with employees – Exchange Chambers

Posted April 16th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, live link evidence, news, remote hearings, remuneration by sally

‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’

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Exchange Chambers, 15th April 2020

Source: www.exchangechambers.co.uk

What I talk about when I talk about arbitrator diversity… Why and how to make arbitral tribunals us, rather than them – Radcliffe Chambers

Posted April 16th, 2020 in arbitration, chambers articles, diversity, news by sally

‘While the range of parties before tribunals has globalised, the typical composition of those tribunals has not. The international arbitrator community has long been said to comprise a club of “elderly white men”. If that was ever quite true, it is certainly less true now, but the international arbitrator community still lags well behind its users when it comes to diversity. Does this matter?’

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Radcliffe Chambers, 15th April 2020

Source: radcliffechambers.com

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

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No. 5 Chambers, 8th April 2020

Source: www.no5.com

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

Posted April 16th, 2020 in chambers articles, coronavirus, courts, criminal justice, juries, live link evidence, news by sally

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Parole Hearings – consideration of unproven allegations (Morris v Parole Board) – Georgia Beatty & Joe O’Leary for Lexis Nexis PSL – 5SAH

Posted April 16th, 2020 in chambers articles, news, parole by sally

‘A Parole Board is not only entitled to consider unproven criminal allegations made against the prisoner, but is expected to do so. The 2019 ‘Guidance on Allegations’ issued by the Secretary of State for Justice (SSJ) is consistent with decided authority and is not unlawful. ‘Mere allegations’ with no evidential basis whatsoever should not be considered. However, where there is sufficient evidential material for a Board to make ‘at least some findings of fact’, an unproven allegation should be taken into account as part of the Board’s overall risk assessment. The strength or weakness of the supporting material will go to the weight that a Board is entitled to place on the allegation in that assessment. Consideration of unproven allegations is subject to relevance and the overriding requirement that a Parole Board must act fairly.’

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5SAH, 8th April 2020

Source: www.5sah.co.uk

COVID-19 Dispute Resolution – Applying the Principle of Frustration to Cancellations Caused by the Virus – 4 New Square

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘What happens where a contracting party no longer wishes to perform their obligations because of COVID-19? This is likely to be a major source of disputes in the near future as contracts become uneconomic or difficult to perform because of the virus and the unprecedented disruption it is causing. What are the rights of the parties where an event has been cancelled because of COVID-19 but one of the parties has paid a deposit and the other has spent money preparing for it?’

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4 New Square, 2nd April 2020

Source: www.4newsquare.com

General Medical Council and Professional Standards Authority for Health and Social Care v Dr Zafar – Old Square Chambers

Posted April 16th, 2020 in appeals, chambers articles, contempt of court, doctors, expert witnesses, news, professional conduct by sally

‘The High Court has held that a Court of Appeal judgment in a Civil Contempt sentence appeal involving the Respondent although it did not increase the Respondent doctor’s sentence for contempt but led to a finding of undue lenience should have been put before the Medical Practitioners Tribunal (MPT) when considering the sanction for the admitted Contempt. This is despite the General Medical Council (GMC), which exercised its right of appeal under section 40A of the Medical Act 1983 to bring the case before the High Court, having agreed not to put the judgment before the MPT prior to and during the MPT proceedings.’

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Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

Posted April 16th, 2020 in chambers articles, county courts, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Out-of-Hours Appointments: A Temporary Fix to a Permanent Problem? – Radcliffe Chambers

Posted April 16th, 2020 in chambers articles, electronic filing, insolvency, news, practice directions by sally

‘The past year has seen repeated attempts by the courts to solve the conundrum of electronic working and how it interfaces with outof-court appointments of administrators. Six decisions, all conflicting in whole or in part, none likely to result in an appeal, did little to ease the uncertainty surrounding the validity of notices efiled outside court hours by CE-File. There was no substantive attempt at resolution on the part of the Companies Court or the Insolvency Rules Committee; the Chancellor issued guidance to the effect that notices filed out-of-hours would be referred to a designated High Court Judge.’

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Radcliffe Chambers, 8th April 2020

Source: radcliffechambers.com

“Give Me Just A Little More Time” – Littleton Chambers

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘Bianca Balmelli and Nicholas Siddall QC analyse the legal issues arising from the differing responses of sporting events to the Covid-19 pandemic.’

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Littleton Chambers, 7th April 2020

Source: www.littletonchambers.com

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

Posted April 15th, 2020 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, London, news, repairs, tribunals by sally

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Sports Clubs in the Lurch? Considering the Eligibility of Players for Government’s Furlough Scheme – Littleton Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, news, remuneration by sally

‘The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.’

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Littleton Chambers, 6th April 2020

Source: www.littletonchambers.com

Amendments to statements of case and the rule in Henderson v Henderson – Wilberforce Chambers

Posted April 15th, 2020 in case management, chambers articles, civil procedure rules, news, res judicata by sally

‘Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier in the same proceedings?’

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Wilberforce Chambers, 14th April 2020

Source: www.wilberforce.co.uk

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, families, immigration, marriage, married persons, news, visas by sally

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

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Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street

Posted April 15th, 2020 in appeals, barristers, chambers articles, coronavirus, courts, live link evidence, news by sally

‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’

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23 Essex Street, 14th April 2020

Source: www.23es.com